Patna High CourtCR. MISC./9649/2018bail granted

Musharu Mahto @ Mushari Mahto v. The State Of Bihar

2018-03-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9649 of 2018 Arising Out of PS. Case No.-26 Year-2017 Thana- MOKAMA RAIL P.S. District- Patna ====================================================== Musharu Mahto @ Mushari Mahto S/o Garib Mahto, R/o Village- Simariya Ghat Bind Toli, P.S.- Chakiya, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rail Mokama (Hathidah) P.S. Case No. 26 of 2017 registered under Section 379 of the Indian Penal Code.

Mobile of the informant is said to have been snatched by some unknown miscreants in the running train. It is submitted by learned counsel for the petitioner that neither the petitioner is named in the F.I.R nor any incriminating article has been recovered from his conscious physical possession. Though, stolen mobile is said to have been seized from the possession of the petitioner, but the seizure list indicates contradictory place of recovery as at one place, it is

Patna High Court Cr.Misc. No.9649 of 2018(3) dt.19-03-2018 2/2 mentioned that it was recovered from the possession of the petitioner while at other place, it is mentioned that it was recovered from in front of the house of the petitioner. He has been falsely implicated in the case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 28.11.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Railway, Patna in connection with Rail Mokama (Hathidah) P.S. Case No. 26 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T